Group files lawsuit to claim Indian status

The Gender Equity in Indian Registration Act (Bill C-3) came into force as of January 31, 2011.
Unfortunately, that’s 26 years too late according to one lawyer in Regina. Lawyer Tony Merchant is filing a class action lawsuit on behalf of Aboriginal people who were discriminated against when Bill C-31 came into effect in 1985.

Merchant said when he started working on the file in July of 2009 he became aware of the unfairness and discrimination faced by those not eligible for Bill C-31 status.

He says the government is willing to acknowledge at least 45,000 people will be eligible to gain Indian Status under the new Bill C-3 legislation. Merchant says the number could be as many as 200,000.

“Our case isn’t just about great grandchildren,” said Merchant. “But our case is fundamentally since 1985 and looking for compensation for these people. They should have had First Nation status, shouldn’t have had to pay taxes on gas and cigarettes. They should not have been taxed for working on reserve. And they should have been entitled to the “medicine chest” benefits and entitled to (post-secondary) education benefits.” Merchant estimates a 26-year financial loss, equalling, on average, $60,000 per person who should have been eligible for Indian Status.

“Multiply that by 45,000 people and that equals 2.7 billion dollars that should be going to the First Nations communities,” Merchant said. “This is really as big and as consequential financially as residential schools, though not in terms of suffering. We know they discriminated against; can they (the federal government) get away with not paying this money?”

“Even if we get this money, in a lot of ways it doesn’t make it up to them,” Merchant added. “In a class action, what we have to do is deal with the problem on behalf of all the people in the way that it affects them all.” Merchant said over a thousand people have inquired about the lawsuit.

A registration form is available online at www.merchantlaw.com to help individuals to determine whether the case applies to them.

Merchant also suggested calling the law firm at 1-800 LAWYERS.